[Buckskin86]

NFLPA makes appeal on behalf of Will Smith and Charles Grant of the New Orleans Saints
by Mike Triplett, The Times-Picayune
Tuesday August 18, 2009

The NFL Players Association made its appeal in federal court Tuesday on behalf of suspended Saints players Charles Grant and Will Smith, former Saints running back Deuce McAllister and Minnesota Vikings defensive tackles Pat Williams and Kevin Williams.

Although their chances of winning the appeal appear slim, the players are hoping to overturn the summary judgment made by U.S. District Judge Paul Magnuson in May.

The case had been set to go to trial June 15, but Magnuson issued his decision after reviewing pretrial motions and hearing arguments from both sides. He upheld the NFL's four-game suspension of the players, all of whom tested positive last summer for a banned diuretic, bumetanide, in the StarCaps saga.

The 8th Circuit Court of Appeals in St. Paul, Minn., heard 30-minute arguments from attorneys representing the players and the NFL on Tuesday. No timetable was set for a decision, but a ruling will likely be made before the suspensions are scheduled to go into effect at the start of the regular season.

"The NFLPA is asking for the district court's summary judgment in favor of the league to be overturned and for a judgment to be entered in favor of the players, which would allow them to play this year, " said attorney Jeffrey Kessler, who represents the players association.

Even with the appeal pending, the Saints, Smith and Grant seemed resigned to the fact that the players will miss the first four games of the season -- vs. Detroit, at Philadelphia, at Buffalo and vs. the New York Jets.

NFLPA makes appeal on behalf of Will Smith and Charles Grant of the New Orleans Saints - NOLA.com